Estes v. Rowland

I concur in the majority’s comprehensive opinion in this matter. I write separately to express my concern with the broad language used by the trial court in the portion of its judgment retaining jurisdiction to appoint a monitor. The judgment provides “jurisdiction is expressly retained to appoint a monitor to act on behalf of the court, and to determine the precise duties of the monitor and provisions for compensation.” The trial court’s retention of jurisdiction to appoint a monitor “to act on behalf of the court” foreshadows a potentially unconstitutional delegation of judicial powers.

Unlik…